Sex offenses by corrections personnel.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0012

ENROLLED ACT NO. 1, SENATE

FIFTY-NINTH LEGISLATURE OF THE STATE OF
WYOMING
2007 GENERAL SESSION

AN ACT relating to crimes and offenses; establishing a crime for sex offenses committed by corrections staff against persons under supervision by the corrections facility as specified; providing that consent by the victim is not a defense to specified offenses; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 6
‑
2
‑
303(a)(vi), by creating a new paragraph (vii), by renumbering (vii) as (viii) and (b) and 6
‑
2
‑
307 are amended to read:

6
‑
2
‑
303.

Sexual assault in the second degree.

(a)

Any actor who inflicts sexual intrusion on a victim commits sexual assault in the second degree if, under circumstances not constituting sexual assault in the first degree:

(vi)

The actor is in a position of authority over the victim and uses this position of authority to cause the victim to submit;
or

(vii)

The actor is an employee, independent contractor or volunteer of a state, county, city or town, or privately operated adult or juvenile correctional system, including but not limited to jails, penal institutions, detention centers, juvenile residential or rehabilitative facilities, adult community correctional facilities, secure treatment facilities or work release facilities, and the victim is known or should be known by the actor to be a resident of such facility or under supervision of the correctional system; or

(vii)
(viii)

The actor inflicts sexual intrusion in treatment or examination of a victim for purposes or in a manner substantially inconsistent with reasonable medical practices.

(b)

A person is guilty of sexual assault in the second degree if he subjects another person to sexual contact and causes serious bodily injury to the victim under any of the circumstances listed in W.S. 6-2-302(a)(i) through (iv) or paragraphs (a)(i) through
(vi)
(vii)
of this section.

6
‑
2
‑
307
.

Evidence of marriage as defense.

(a)

The fact that the actor and the victim are married to each other is not by itself a defense to a violation of W.S. 6
‑
2
‑
302(a)(i), (ii) or (iii) or 6
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2
‑
303(a)(i), (ii), (iii)

or (vi).

(b)

Consent of the victim is not a defense to a violation of W.S. 6
‑
2
‑
303(a)(vii).

Section 2.
This act is effective July 1, 2007.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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